The joint property shall be divided by the husband and wife through consultation according to the joint property. If the consultation fails, the court shall make a judgment according to the principles of equality between men and women, care for the interests of the woman and the innocent party.
Article 17 of the Marriage Law states that the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:
(1) Salary and bonus;
(2) Income from production and operation;
(3) Income from intellectual property;
(4) Property derived from inheritance or donation, except as provided for in Item 3 of Article 18 of this Law;
(5) Other properties that should be jointly owned. Husband and wife have equal rights to dispose of jointly owned property.
According to Article 18 of the Marriage Law, in any of the following circumstances, it is the property of the husband and wife:
(1) Premarital property of one party;
(2) Medical expenses, living allowance for the disabled and other expenses received by one party due to physical injury;
(3) The property determined in the will or gift contract to belong to the husband or wife only;
(4) Daily necessities for one party;
(5) Other properties that should belong to one party.